Tech associations sue over Florida’s social media restrictions for kids under 16
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Opponents of the restrictions say the law barring youths from having social media accounts violates the First Amendment.
This story was originally published by Florida Phoenix.
Two associations that represent Meta, X, and Google filed a suit Monday to stop a Florida law barring children under 14 from maintaining social media accounts.
The Computer & Communications Industry Association (CCIA) and NetChoice want a federal court to prevent enforcement of the law (HB3), claiming it violates the First Amendment, that its definition of a social media platform is too vague, and that it contradicts federal statute. The law goes into effect on Jan.1.
Under the law, 14- and 15-year-olds would need their parents’ permission to create accounts on platforms that use “addictive features” such as infinite scrolling and push notifications. Kids younger than 14 can’t have accounts, even with their parents’ permission.
CCIA and NetChoice filed the suit in the U.S. District Court of the Northern District of Florida and named Attorney General Ashley Moody as the defendant.
“This social media law infringes on the First Amendment rights of both minors and adults by creating significant barriers to accessing online information that every American, including minors, has a right to see,” wrote Stephanie Joyce, CCIA’s senior vice president and chief of staff, in a press release.
“Protecting children online is an important goal that CCIA shares with legislators, and the far better way to ensure their protection is to give parents the information and tools they need to shield their children from unsuitable content, as digital services providers already have done for decades.”
Additionally, the law would open the companies to suits from the state to collect up to $50,000 per violation and from parents to collect up to $10,000 in damages.
“We are reviewing the lawsuit; however, as a mother, Attorney General Moody will fight aggressively in court to ensure the ability to protect Florida children,” Moody’s press secretary Chase Sizemore wrote in an email to Florida Phoenix.
Priority Legislation
Passing the law was the main priority of Florida House Peaker Paul Renner during this year’s legislative session. Many Democrats opposed the bill, although St. Petersburg Democratic House member Michele Rayner was a co-sponsor.
During the bill-signing ceremony in March, Gov. Ron DeSantis, Renner, and Moody made it apparent that they expected a legal battle.
“You better believe I’m gonna fight like hell to uphold this in court,” Moody said during the March 25 ceremony in Jacksonville.
Earlier this year, the U.S. Supreme Court sent back to the lower courts the legal dispute between Florida and the tech groups over a 2021 law prohibiting social media platforms from removing a political candidate’s account. But, writing for the majority, Justice Elena Kagan wrote that the First Amendment doesn’t allow the government to stop private actors from preferring some views over others.
This story was updated to include comment from the attorney general’s office sent to the Phoenix after publication.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and X.
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